HC expounds: Non-Repayment of Loans taken on Wife's name amounts to Cruelty, Allows petition for Divorce. Read Judgment here

22 Jun 2018

June 22,2018:

Uttarakhand HC allowed a Wife’s plea for divorce on the ground of cruelty, noting that the husband had repeatedly taken loans on the wife’s name knowing well that she had no source of income, and had failed to repay them, putting her in trouble.

HC Bench comprising Justice V.K. Bist and Justice Alok Singh expounded that,“Family Court Judge failed to appreciate evidence in right prospect. Learned Family Court Judge has treated the condition of parties, as if they are living in penury while the fact is that husband had taken various loans including for purchasing of luxury cars but he is not repaying the loans, which causes embarrassment and mental agony to Appellant.”

Family Court in its order had rejected Wife’s plea for divorce, which was demanded on the allegations of cruelty against her.

The Wife has submitted that her husband often took loans in her name, and had also made her a guarantor in few other loans. But he failed to repay them, due to which she had to face a lot of embarrassment.

Uttarakhand HC Bench further enunciated that,“Taking of loan is neither an offence nor shameful act but failed to repay it may cause embarrassment, as lender comes to recover his loan by any means".

Bench further added that,"It also maligns reputation of a person is society. Appellant is a house wife. Respondent took loan in the name of his wife and also made her guarantor. Appellant has no source of income and she was deserted by her husband. Hence, in such circumstance, it was very painful for her to live because she has no source of income but has to repay the loan.”

HC Bench granted the decree of divorce, which dissolved dissolving the marriage between the parties.